United States v. Dinkins

An ongoing investigation revealed that an organization known as Special dealt drugs and engaged in violence in Baltimore. James Wise, a drug dealer who was not a member of Special, was murdered. John Dowery, a member of Special, witnessed the murder and became an informant for law enforcement. Dowery provided information on Parker and Love, two members of Special, that resulted in their arrest. Dowery planned to testify at Parker and Love’s trial. Before that could happen, James Dinkins (defendant), a member of Special, told West, a fellow member, that they were going to kill Dowery. Dinkins and West shot Dowery multiple times, but Dowery did not die. Dowery later identified Dinkins as one of the shooters. The next month, Melvin Gilbert and Darron Goods (defendants), both members of Special, killed Dowery. Dinkins, Gilbert, and Goods were charged with murder. The prosecution (plaintiff) sought to introduce Dowery’s statements regarding Special’s drug involvement and Dowery’s identification of Dinkins as one of the men who shot him. The district court admitted the statements under Federal Rule of Evidence 804(b)(6) (Rule 804(b)(6)), the forfeiture-by-wrongdoing exception to the hearsay rule. The defendants were convicted, and they appealed. Dinkins argued that because he did not kill Dowery, the forfeiture-by-wrongdoing exception should not apply to him.